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Home My WebLink AboutSDP 16-19; DISTRIBUTE LOTS 13-15 SHELL BUILDING; Site Development Plan (SDP)City of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) O Coastal Development Permit 0 Minor 0 General Plan Amendment D Conditional Use Permit 0 Local Coastal Program Amendment Minor Extension O Day Care (Large)0 Master Plan 0 Amendment O Environmental Impact Assessment 0 Specific Plan 0 Amendment 0 Habitat Management Permit 0 Minor El Zone Change D Hillside Development Permit 0 Minor Zone Code Amendment O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits O Planned Development Permit 0 Minor 0 Review Permit 0 Residential Non-Residential 0 Administrative 0 Minor El Major Planning Commission Determination D Reasonable Accommodation Village Review Area Permits Site Development Plan LI Minor 67-kg D Review Permit Special Use Permit 0 Administrative 0 Minor 0 Major O Tentative Parcel Map (Minor Subdivision) Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:Lot 13-15:221-881-16 PROJECT NAME:dis•trib•ute Lots 13-15 Shell Building BRIEF DESCRIPTION OF PROJECT:Lots 13-15: One, 172,360 s.f., high-bay shell industrial bldg w/surface prkg on 11.48 acres BRIEF LEGAL DESCRIPTION:Lots 13-15 of Carlsbad Tract No. 98-10 Carlsbad Raceway per Map 15013. LOCATION OF PROJECT:Lionshead Ave., Carlsbad, CA 92010 STREET ADDRESS ON THE:North SIDE OF Lionshead Ave. (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Eagle Dr.AND Business Park Dr. (NAME OF STREET)(NAME OF STREET) P-1 Page 1 of 6 Revised 03/16 „. C''4.00 1. 1 .OWNER NAME ••• •:;::•tifie0 FOriCI•I;-(!;%1P..RAF.Radfida:Git.04;.•DV010061011'fitod:VLLO 'APP1,1PANT-NAME 'RAE ..... MAILIN(*APPRESS;Hwy i01:. Slate 1:03 •• . • NINLII9%.APOREW•tolos 14B •.•. ... CITY. :STATE. ZIP Bridleilitik•CAWIn4 •• •.orry;S.TATE,:Ztfk ••EhOinit#0; WAS2024.•• • •• TELEPHONE •(7106)'141.1438i8 ••••'TELEPHONE . • EMAIL ADDRESS:.PITetrWOOICEM.M0..04irti •EMAILAPPRESS;.1001144010.004UP.porn..• . .....:. CERTIFY THAT LAM. T OAL.OWNER AND THAT ALL THE ABOVE:I CERTIFY I.•AMT • .GAL REPRESENTATIVE OF THE OWNERINFORMATION IS: 'T AND:.CORRECT:TO• THE BEST OF MY•AND THAT ALLTHE.:•.•••0 .1NFORMATIONISTRogANo CORRECT TO KNOWLEDGE ICE AS LEGAL OWNER THAT-Tile. APPLICANTM THE•SESTOF MY •EWE • • SET FORTH ••”IS •MY.AUTHORIZED REPRESENTATIVE.•FOR •• ..PURPOSES H •AFFUDA ION ••••• • .••:711(011A0...••4211._.•SIGNATURE •DATE •7 U • ;•1 • •; ••• '•UATE •• ......,... •......•..: APPLICANT'S REPRESENTATIVE 0000.•• • ••• : •• MAILING ADDRESS:13280.guenips.Orf0.0r.- : ••• ••• CITY. STATE. ZIP:San Diego,•Ai.£012$•• ••• 2. „... TELEP.HONE 8584.93.47.77:.......... EMAIL ADDRESS;..poterbgsatigt400• : • .,.-•-•••• CERTIFY THAT I.AM THE REPRESENTATIVEOF THE FOE PURPOSES OF THIS :APPLICATION AND THAT ALL TH.ABOVE INFORMAT .*N 'IS.TRUE AND..CO CT TO THE BEST OF MY •KtIff - ;• ••••• • • ••0-'•. - :•••••••: • SIC 'TURF f• • •. •DATE ••• •:••:• •• • •••. • • • :IN THE PROCESS OF REVIEWING THIS APPLICATION II MAY SE NECESSARY ;FOR MEMBERS .1;w:piTY STAFF,PLANNING: •COMMISSIONERS OR CITY :COU 'MEMBERS To. INSPECT ANC ENTER THE PROPERTY THAT THE SUBJECT OF THIS; APPLICATION.•INVECONSE E YFOR:THSP.URPOSE •• : NOTICE OF 'RESTRICT!:PERTY OWNER ACKNOWLEDGES :AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ;ON THE T .o.HIS PROPERTY IF CONDITIONED FOR .THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH .THE LAND AND B • .Y SUCCESSORS I INTEREST.:•.•• P OP RV OWNER SIGNATURE .:.:••••.i.•• • • FOR:CITY USE ONLY • .. RECEIVED • • • :JUL-2 2 2016 •CITY OF CARLSBAD • ..••. •DATwAitiumpnati.WW.ovep. RECEIVED 'BY: .A .. • .\\., • • • \!..•. •• •.••• • • •• P-I .Fatie2•(4 fi Revised 03116.• • . OW* 4411.0i Development Services City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.cadsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Corp/Part RAF Pacifica Group-Development Fund I,LLC Title Title Adam S.Robinson, Manager Address Address 1010 S. Cst Hwy 101 Ste 103, Encinitas, CA 92024 2.OWNER (Not the owner's agent) Provide the COMPLETE.LEGAL names and addresses of ALL persons having any ownership interest in the property involved.Also,provide the nature of the legal ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Corp/Part RAF Pacifica Group-Development Fund I,LLC Title Title Adam S. Robinson, Manager Address Address 1010 S. Cst Hwy 101 Ste 103 Encinitas, CA 92024 P-1(A)Page 1 of 2 Revised 07/10 •,.........-..--,-..-....-........--.-.......,„..--,•-•'''.....-••.`-+,••...".',-`,.,.,,...._,.......a .......-........... ..............•..........,,..•1•1•NM. .. . i C ' ' . -..'0 ..- - 'i ''''•- 1- .i . •i• ..i..•i"• a:•3.NON-PROFIT ORGANIZATION PR TRUST •:• i • :1 If any person Identified:pursuant to (1) or (2) aboVe Is a nonprofit oroartitatIon or a trust..• 1"list the •names..andladdresSesbfiANY••periOn serving as an officer codirector ofthe non-.: profit organization Ot..aeitrustee.,6•r!beneflelary of the::- Non Profit/ Trust •.........Nen'.'Profit/Trust . • • I.............. Title ...:::•...........Title . 11.1 •Address .:.:.:;....:.,....,.....................:...........Address . . .•i 4.Have yoki had more than. $500 Worth of business transacted with any member of .City'iistat.Boards,Commissions,Committees acid/or Cotindli within the past twelve (12); months'•:• . a a 11:Yea 1..7.11 46 Ifyes, please. indiCate!'persoh(s);....'... • : :•: NOTE:Attach additional sheets. if necessary,. • I certify th all -a above Information is true and correct:to the best."my k ledge. • : •"/La • • .. • .. • :..........:.1:do Si at • .of owner/a***I • ::.•Signatc..•o,Ap.plicantidate ' : • : • Adarn'S. Robinson, Manager:..............;...._:.Adam ..S..Robinson.. Manager Print or type name-of owner :.. .Printbr type name of applicant ' : • ••••......,. •-• :, ' -•::..l...•••. . . ''• '' •"."•..- ...—... •. ... • ',.....,...,.,•,.;',.,•••1.L -. '.:1-t.7.4..7.ii I 4t .Weeraj . • ....„..........,.....„„:. Signature PfoWnerlappliaartra.:agent if Applicabletdate .•. .. Smith QonsUlting Architects,. Peter SusSett:• ...:....• Print or type name of owner/applicant* agent ••• • '• '':• , • . • •. ......• i. • •. • .... . • . ••—-..•• .• •. • .., •: .:, •• .•.. P.1•(A):.Rage2of-2:. , ''Revised 07/113. • •. • .. •• ,ktirr Ar •PROJECT DESCRIPTION Development ServicesCity of Planning Division Carlsbad P-1 (B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:dis•trib•ute Lots 13 -15 Shell Building APPLICANT NAME:RAF PACIFICA GROUP -DEVELOPMENT FUND I,LLC Please describe fully the proposed project by application type.Include any details necessary to adequately explain the scope and/or operation of the proposed project.You may also include any background information and supporting statements regarding the reasons for,or appropriateness of, the application.Use an addendum sheet if necessary. Description/Explanation: This project consists of: Lots 13-15: (1) 171,700 square foot high-bay industrial shell building with surface parking and landscaping on an 11.48 acres, with a building height of 37 feet. The building tenants are undetermined at this time. The building includes six mezzanines ranging in area from 1,520 square feet to 5,400 square feet, (35) loading dock doors and (8) grade level loading doors. Planned uses include manufacturing, R&D, warehousing and accessory office space.Off-street parking is provided at a blended rate of 2.09 sp/1000 sq.ft. The lots were mass-graded and are currently vacant. Lots 13-15 are on the north side of Lionshead Ave. between Eagle Dr. and Business Park Dr. in the Carlsbad Raceway Business Park.The project incorporates an average 37 foot landscape setback along Lionshead Ave.The proposed site layout, building uses and floor areas are in compliance with the Carlsbad Raceway Business Park Design Guidelines. The project requires approval of a Site Development Plan-Minor.The project is in conformance with PI General Plan Designation and the P-M Zoning Ordinance. Environmental compliance for this proposed project is established by way of Mitigated Negative Declaration (15162) for GPA 98-05/2C 01-07/CT 98-10/HDP 98-09/PIP 01-01 -Carlsbad Raceway Business Park, as adopted in connection with the master development.The proposed project is consistent with the project cited above, and has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration.None of the circumstances requiring a Subsequent Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. P-1(B)Page 1 of 1 Revised 07/10 romantarmarse.——_ ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:/9:21((To be completed by City) Application Number(s):S D /C .-- 1 General Information 1.Name of project:dis•trib•ute Lots 13 -15 Shell Building 2.Name of developer or project sponsor:RAF Pacifica Group-Development Fund I,LLC Address:1010 S. Coast Hwy 101 Suite 103 City, State, Zip Code:Encinitas, CA 92024 Phone Number:(760) 473-8838 3.Name of person to be contacted concerning this project:Peter Bussett -SCA Address:13280 Evening Creek Dr. S, Suite 125 City, State, Zip Code:San Diego, CA 92128 Phone Number:(858) 793-4777 4.Address of Project:North of Lionshead Ave. between Eagle Dr. and Business Park Dr. Assessor's Parcel Number:Lots 13 -15:221 -881 -16 5.List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Site Development Permit (Minor) 6.Existing General Plan Land Use Designation:PI 7.Existing zoning district:PM 8.Existing land use(s):PI (Vacant) 9.Proposed use of site (Project for which this form is filed):PI / (Office/Industrial) Project Description 10.Site size:Lots 13 -15:11.48 acres 11.Proposed Building square footage:172,360 SF 12:Number of floors of construction:1 -story with mezzanine 13.Amount of off-street parking provided:Lots 13-15: 359 spaces 14.Associated projects:dis -trib.ute Lot 12 P-1(D)Page 2 of 4 Revised 07/10 ., seal 15.If residential, include the number of units and schedule of unit sizes:N/A 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17.If industrial, indicate type, estimated employment per shift, and loading facilities:The project is a speculative industrial/flex R&D building. The tenant and uses are undetermined. The proposed largest shift will have approximately 194 employees. Loading is accommodated by loading dock bays and grade level overhead doors that are screened from view since they are on the sides and rear of the building. 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1(D)Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22.Change in pattern, scale or character of general area of project. 23.Significant amounts of solid waste or litter.0 24.Change in dust, ash, smoke, fumes or odors in vicinity. 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.0 27.Site on filled land or on slope of 10 percent or more.0 28.Use of disposal of potentially hazardous materials,such as toxic substances, flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 31.Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date:1 -6 -k7 Signature:721/t?-"( For:444.4k.COLL SOT J kat4 14/4 P-1(D)Page 4 of 4 Revised 07/10 ATTACHMENT TO P1(D) dis•trib•ute Lots 13-15 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. The Lots 13-15 project site is a vacant pad, previously graded with the mass grading permit approved for the Carlsbad Raceway Business Park project, and generally slopes at 3% from the southeast corner down to the northeast corner. The site is topographically suitable for the proposed improvements. Public curb/gutter/sidewalks are existing along the Lionshead Ave. street frontage. The site is void of any structures and surface improvements except for two existing siltation basins and storm drains. No consequential plants and animals are present. The soils are suitable to support buildings on conventional shallow foundations. 33.Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. The project site is bordered on the north and east by City of Vista and SPI (Specific Plan) zoned property with developed buildings; to the north (City of Vista) by three, single story, 35 ft. tall high bay flex/industrial buildings with surface parking and landscaping; to the east,a single story commercial car wash building. To the south, across Lionshead Ave.is P-M zoned properties with Planned Industrial land uses. To the west is designated Open Space buffers. This project incorporates an average 37 ft. landscape setback (due to roof height of 37') along Lionshead Ave. Building wall heights will vary from 38 ft. to 42 ft, and the tilt-wall parapets will serve to screen roof mounted HVAC equipment from view from the surrounding neighborhood. •C TIME.LIMITS.ON •„pov elopinontCityofDISCRETIONARY • Carlsbad PROJECTS 1635 Fara dayAve.nuei. (76%602461Z www•x,arioadca.gpv „. .. PLEASE NOTE:. Time. limits. on the processing of discretionary projects established by State law :do not Start. until a project application Is deemed complete by the City.The. City has 30 calendar days froth the date of application submittal to datartnina. Whether an application Is complete or incompilete..-Within 30 days. of submittal of this: :application you wifl receive letter eating Whether this application is complete :or ihcOnliiiete.If it is Incomplete, the letter will state: what is needed to make this application complete. When the application is complete. the proces •nod will start upon: the of completion if • you have any questiOns. .regardt ap ation submittal requirements (te;'olarlfication regarding .a specific requirement a...he er all requirements are necessary for your particular application) please'cail (.7.601 .;.• Applicant. Signature: Staff Signature:. Date:.. To be stapled with receipt to the application- • • • • • • P-1M.Page 1 of I Revised 07/10 • • City of Carlsbad Climate Action Plan Consistency Checklist C'....?"n rn...14 k :01/24 •'4 • Project No./Name:-e t.:17 I Cv I Di et-1Z4151/1-e.E--40-F9 13 )C. Property Address/APN:.zcoco LioNsi4EAD Ave.121—$01.-1e -00 Applicant Name/Co.:icrts'idc E4.01)17 Ri1/4C.NeVAY f 1../0 Contact Phone:1 ‘Q 0 413-tbDP)Contact Email:j IAA ?per ICS}azoop, CONK Was a consultant retained to complete this checklist?0 Yes 0 No If Yes,complete the following Consultant Name:Feftg 59 Eth Contact Phone:0907 -- -79 -4111 Company Name:9.11411 - 114-MK°(.411.1t2 ATZ.6+1-Contact Email:reterio c0 4 111a;ndnt:t75# 1.What is the size of the project (acres)?I I •4 27 A 2.Identify all applicable proposed land uses: 0 Residential (indicate # of one-and two-family units): 0 Residential (indicate # of multi-family units): Commercial (indicate total square footage): 0 Hotel (indicate # of rooms): Industrial (indicate total square footage):ill -)360 sr- Other (describe): 4.Provide a brief description of the project proposed: CO L-T)s-Ptit *Iv 1 -tepabxi-1410--My $3.b.Fro tgAilo0C71).1D u si- 12-1A-u-/A-ccess012-V 0E-F-lerc.U 5i-c• City of Carlsbad 3 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development piojects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTCO2e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, the first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP.This section allows the city to determine a projects consistency with the land use •assumptions used in the CAP. Checklist Item Yes No(Checkthe appropriate box and provide explanation and supporting documentationtorporanswer) 1.The size and type of projects listed below would emit fewer than 900 MTCO2e per year. Based on this threshold, does the proposed project equal or exceed these characteristics? •Single-Family Housing:50 dwelling units •kilulti-Familv Housing: 70 dwelling units •Office:35,000 square feet •Retail Store: 11,000 square feet X LI •Grocery Store: 6,300 square feet •Other. For project types not listed in this section, including changes in use of, or enlargement of an existing building that results in a net increase in GHG emissions,the need for GHG analysis and mitigation will be made on a project-specific basis, considering the 900 MTCOze screening threshold. Teeproceed to Question 2. If "Alo,win accordance with the Citys CAP screening criteria, the projects GHG impact is less than significant and not subject to the measures of the CAP. 2.Is the proposed project consistent with the existing General Plan land use and zoning designations?y OR, X.If the proposed project is not consistent with the existing land use plan and zoning designations does the project include a land use plan and/or zoning designation amendment that would resultin an equivalent or Ss GHG-intensive project when compared to the existing designations? If "Yes," proceed to Step 2 ofthe Checklist For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation(s) for comparison. Emissions must be estimated in accordance with the City's Guidance for Greenhouse Gas Analyses. If "No," the project's GHG impact is potentially significant and mist be analyzed in accordance with CEQA The project must prepare a GHG analysis in accordance with the City of Carlsbad's Guidance for Greenhouse Gas Analyses to demonstrate howitwould offset the increase in emissions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mitigate cumulativeGHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist City of Carlsbad 4 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable strategies and actions of the CAP.Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Officia1.1 All other development projects that would not require a certificate of occupancy from the Building Official shall Implement all emissions-related mitigation measures from the General Plan Update EIR. Checklist Item N/ANo(Chedctheapproptiate boxand provide explanation foryouranswer)Yes Residential, Cormercial and Industnal Photovolbsic Systems 1. Residential Photovoltaic Systems Does the project include photovoltaic systems with a minimum average system size of 1.6 kilowatts2for each residential unit?0 0 32C Check 'NIA"only if the project does not contain any residential buildings. 2. Commercial and Industrial Photovoltaic Systems For new nonresidential projects with more than 50 cars surface parked or on roofs of parking structures, would the project include photovoltaic panels over at least half of the surface/roof-parked cars to achieve a minimum system size equivalent to 2.5 kilowatts2 per covered parking space (up to 45% of projects expected annual electricity use)? OR 0 0 Would the project provide equivalent energy generation onsite through rooftop photovoltaic rev panels or other means?.2/2 b fr...W/1-7 6 01 (1.e.rJ pautu5 Check 'N/A" only if the project does not contain any non-residential buildings or provides 50 orfewer parking spaces. EfricientUghlingStandards 3. LED Lighting and Other Energy Efficient Lamps Would at least 75% of the luminaires provided by the project be comprised of LED or other 0 0 similar& efficient lighting? SolarYtfatierHeaterifieatPurop Installation 4. Solar Water Heating •Residential Units: Does the project include a solar water heating system capable of producing 2,300 kWh/year or 112 therms/year of total energy required for water Mating? •Commercial Proiects: Does the project include a solar water heating system capable of producing at least 50% of total energy required for water heating? •Non-residential oroiects of 8.000 sauare feet or greater with a service water heater rated 75.000 Btu/h or Seater Does the project include installation of a solar water-heating system with a minimum solar saving fraction of 0.15 consistent with lActions that are not subject to Step 2 would Include, for example:1) discretionary map actions that do not propose specific development; 2) permits allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result in the use Intensification or expansion of an existing building; and 5) non-building infrastructure projects such as roads and pipelines. Because such actions would not result In new occupancy buildings from which GHG emissions reductions could be achieved, the items contained in Step 2 would not be applicable. 2 System size rated as Direct Current (DC) under Standard Test Conditions (STC). City of Carlsbad 5 City of Carlsbad Climate Action Plan Consistency Checklist Cheddist Item Yes No N/APetiteappropriate box and provide explanation foryourammo non-residential voluntary standards of the Carrfomia Green BuildingStandards Sal?' ceptions to this measure include:Exceptions to with a natural gas service weter heater with a minimum of 95 percent thermal efficiency.rp...0.Jrce-nazrb5(16 114 ig 0 Pi-iogJ ,to M IM Ptkgei -g+f0 2.Buildings where greater than 75 percent of the total roof area has annual solar W (tiAS-6}4-ti I• accessthat is less than 70 percent Solar access is the ratio of solar Insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. In lieu of solar water heaters, the project may propose to include heat pump water heaters to reduce the heating/cooling load by 50%. Check 'N/A" if the project does not contain any residential or non-residential buildings. Transportation Demand Management 5. Transportation Demand Management For non-residential projects with more than 50 employees, would the project include a transportation demand management (1DM) plan reviewed and approved by the City of Carlsbad Transportation Division (see AttachmentA,Transportation Demand Management Plan template)?ig'.0 0 Check "N/A" if the project is a residential project or if it would not accommodate more than 50 employees. 1 Inaessed Zero-ErnissiorsWhile IZEV) Travel 6. Zero-Emission Vehicle Infrastructure •One-andtwo-family dwellings and townhouses with attached orivate garages. Would the required parking serving each new dwelling be "EV Ready's to albw for the future installation of electric vehicle supply equipment to provide an electric vehicle charging station for use by the resident? •Multi-Familv Proiects of fewer than 17 dwelling units; Would a minimum of one parking space be 'EV Ready to allow for the future installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents?1E1•Multi-Familv Projects of 17 or more dwelling units: Would 5% of the total parking spaces required, or a minimum of two spaces, whichever is greater, be "EV Capable's to allow for the future installation of electric vehicle supply equipment to provide electric vehicle charging stations at such time as it is needed for use by residents? Of the total 'EV Capable" spaces provided, would 50% of them, or a minimum of one, whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by residents and guests? 4 Btu/hi-British thermal unit per hour, solar saving fraction defined as the amount of energy provided by solar technology divided by the total energy required. 5 "EV Ready' means a parking space that is pre-wired with a dedicated 208/240 branch circuit Installed in conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates into a cabinet, box or enclosure, in a manner approved by the building official. 6*EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service panel In a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric vehicles with or without a load management system. City of Carlsbad 6 City of Carlsbad Climate Action Plan Consistency Checklist Cheddisthem Yes No N/APeckthe appropriate box and provide Explanationforpuranswer) •hignigskierttorgiNI:Would 6%of the total parking spaces required, or a 7 minimum of one space, whichever is greater, be 'EV Capable' to albw for the future installation of electric vehicle supply equipment to provide electric vehicle chargng stations at such time as itis needed for use by future occupants? Of the total 'EV Capable' spaces provided, would 50% of them, or a minimum of one, whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by customers and employees? WaterMalesSystem knprownenb 7. For one-and two-family residential projects, does the project include: •Waste piping to permit the discharge of greywater to be used for outdoor irrigation in compliance with Section 1602 of the California FlumbineCOde?8 0 )21% Check 'N/A" if the project does not include residential buildings. Marc pActire0 04/t„D IQ CO IJSU (t1W5grttoel- 1 -e. AP im-y6 (5 pie1/41-D 1 - i map -ra priel-pcatc)1'pp-two 5 Al? 0 Orie 12.1).0 of A*ASV 1.511 to-tc4-iuNctktes )40 V•1 W l';fege MeM intr WILL fl I PcP_AASsrteT). a Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater Includes, but Is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not Include wastewater from kitchen sinks or dishwashers. City of Carlsbad 7 -4 PROPOSED C.A.P. CO2e REDUCTION MEASURES K:\16 Projects\16015.S02 distribute Lot 15\Administrative\Permit Processing\Development Permit\Comments and Responses DESCRIPTION OF MEASURE LOCATION ON DRAWINGS RENEWABLE ENERGY INSTALL (760) 300 WATT PV PANELS TO GENERATE APPROXIMATELY A1.2 ROOF PLAN —760 PANELS ON ROOF 228 kW OF ELECTRIC POWER, EQUIVALENT TO 45% OF THE PROJECT'S ANNUAL ELECTRICITY CONSUMPTION ENERGY EFFICIENCY INSTALL 100% LED LIGHTING THROUGHOUT THE BUILDING AND SITE AS1 SITE PLAN & E1.1 SITE LIGHTING PLAN ENERGY EFFICIENCY INSTALL 'COOL ROOF' COMPLIANT ROOFING AT EACH BUILDING A1.2 ROOF PLAN ENERGY EFFICIENCY PLANT TREES NEAR THE BUILDINGS TO REDUCE COOLING LOADS L1.1 CONCEPTUAL LANDSCAPE PLAN ENERGY EFFICIENCY INSTALL PROGRAMMABLE THERMOSTATS TO AUTOMATICALLY N/A ADJUST TEMPERATURE SETTINGS ENERGY EFFICIENCY INSTALL 95% THERMALLY EFFICIENT GAS WATER HEATERS A1.1 FLOOR PLAN TRANSPORTATION INSTALL BICYCLE PARKING IN PREFERRED SITE LOCATIONS AS1 —4 LOCATIONS AT FRONT OF BLDG TRANSPORTATION INSTALL 10 EV CHARGING STATIONS/SPACES, 9 FUTURE EV CAPABLE AS1 AT FRONT OF BUILDING (4)CHARGING SPACES AND 29 CARPOOL SPACES IN PREFERRED SITE LOCATIONS TRANSPORTATION PREPARE A TRANSPORTATION DEMAND MANAGEMENT PLAN N/A FOR THE PROJECT WATER CONSERVATION INSTALL LOW-FLOW PLUMBING FIXTURES THROUGHOUT N/A THE PROJECT WATER CONSERVATION INSTALL EFFICIENT LANDSCAPE IRRIGATION SYSTEMS AND L3.1, L4.1,C-3,C-4,C-5 &C-6 DESIGN THE SITE TO MAINTAIN EXISTING HYDROLOGY IN ORDER TO MANAGE STORM WATER IN AN ENVIRONMENTALLY RESPONSIBLE MANNER.USE RECLAIMED WATER FOR SITE IRRIGATION LANDSCAPING INSTALL NATIVE AND DROUGHT TOLERANT PLANTS AND TREES L2.1 SOLID WASTE REUSE AND RECYCLE DEMOLITION AND CONSTRUCTION WASTE N/A SOLID WASTE INSTALL EXTERIOR WASTE AND RECYCLING STORAGE AREAS AS1— 3 SITE ENCLOSURES INSTALL INTERIOR WASTE AND RECYCLING STORAGE AREAS N/A —INTERIOR PROVISIONS TO BE z.INSTALLED WITH THE INITIAL Tls EDUCATIONAL PROVIDE AN EDUCATIONAL SERVICE FOR TENANTS /EMPLOYEES N/A TO PROMOTE AND ENCOURAGE RECYCLING, ENERGY EFFICIENT WORKPLACE PRACTICES AND USE OF ALTERNATIVE TRANSPORTATION (1 L --. -. 1 I .,,, 1 I ... 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The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A.Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters,which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of March 15, 2016 at 7:30 a.m. Frank Green, Title Officer When replying, please contact:Frank Green, Title Officer RECEIVED JUL 2 2 2016 CITY OF CARLSBAD PLANNING DIVISION File No.: 01180-211098 Page 1 of 10 Prelim Report SCE ,ANIRN PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: CLTA Standard Coverage Policy CLTA/ALTA Homeowners Policy 2006 ALTA Owner's Policy E1 2006 ALTA Loan Policy ALTA Short Form Residential Loan Policy 0 SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: Fenton Raceway LLC.a California limited liability company File No.: 01180-211098 Page 2 of 10 Prelim Report SCE LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego,City of Carlsbad and described as follows: Lots 12, 13, 14, and 15 of Carlsbad Raceway Carlsbad Tract No. 98-10, in the City of Carlsbad, County of San Diego, State of California, according to Final Subdivision Map No. 15013, filed in the Office of the County Recorder of San Diego County, California, on May 3, 2005. (End of Legal Description) APN:221-881-06-00 & 221-881 -16-00 THE MAP CONNECTED HEREVVITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY 1NITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.STEWART ASSUMES NO LIABILITY,RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP. File No.: 01180-211098 Page 3 of 10 Prelim Report SCE SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2016 -2017. B.General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2015 -2016: 1st Installment :$23,364.39 Paid 2nd Installment :$23,364.39 Open Parcel No.:221-881-06-00 Code Area :09022 C.General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2015 -2016: 1st Installment :$39,151.18 Paid 2nd Installment :$39,151.18 Open Parcel No.:221-881-16-00 Code Area :09022 Said Matter Affects:Lots 13, 14 and 15 D.Assessments, if any,for Community Facilities Districts or a Mello-Roos District affecting said land which may exist by virtue of assessment maps or notices filed by said districts.Said assessments are collected with the County Taxes. E.The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. Exceptions: 1.An easement for the purpose shown below and rights incidental thereto as set forth in a document to the San Diego Gas and Electric Company, for the purpose of access and utilities, recorded March 23, 1967, as Instrument/File No. Instr. # 39743, of Official Records. Location of said easement cannot be plotted from record. 2.A document entitled "Future Improvement Agreement", recorded October 25, 1974 as Instr. # 74-284934, of Official Records. 3.A document entitled "Road Maintenance Agreement", recorded February 27, 1978 as Instr. # 78-076066, of Official Records. 4.A document entitled "Payment of a Public Facilities Fee", recorded February 16,1982 as Instr. # 82-041594, of Official Records. 5.An easement for the purpose shown below and rights incidental thereto as set forth in a document to City of Vista, for the purpose of storm drain pipes and lines, recorded October 29, 1987, as Instr. # 87-609285, of Official Records. File No.: 01180-211098 Page 4 of 10 Prelim Report SCE Said matter affects a portion of said land as more particularly described in said document. Said matter affects:Lot 14. 6.An easement for slope and construction purposes and rights incidental thereto in favor of City of Carlsbad as set forth in a document recorded April 13, 1992 as lnstr. # 1992-0211311, of Official Records, affects a portion of the herein described land. 7.A proposed assessment for the District shown below. When Notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land, District: Boundary Map Annexation No. 02/03-03 Community Facilities District No.1 City of Carlsbad, disclosed by Assessment District Boundary, recorded March 14, 2003 as Instr. # 2003-0289326„ of Official Records. Amendment to the Notice of Special Tax lien (notice of Annexation) was recorded March 14, 2003 as Instr. # 2003-0289329„ of Official Records. 8.A document entitled "Reciprocal Easement Agreement", recorded June 13, 2003 as Instr. # 2003-0701717, of Official Records. 9.A document entitled "Reciprocal Easement Agreement", recorded July 24, 2003 as Instr. # 2003-0884893, of Official Records. Said easement agreement was purportedly eliminated by that certain "Notice of Termination and Termination of Reciprocal Easement Agreement", recorded February 10, 2006 as Instr. # 2006-0101270, of Official Records. 10.Covenants, conditions, and restrictions as set forth in instrument recorded February 11,2004 as Instr. # 2004-0109894, Official Records, but omitted any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the Covenant, condition or restriction; (a) is exempt under title 42 of the united states code; or (b) relates to handicap, but does not discriminate against handicapped persons. Note: section 12956.1 of the government code provides the following: if this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.1 of the government code. Lawful restrictions under state and federal law on the age of occupants in senior housing or for older persons shall not be construed as restrictions based on familial status. 11.A document entitled "Notice and Waiver Concerning Proximately of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridor(s) Case No.: CT 98-10", recorded February 11,2004 as Instr. # 2004-0109898, of Official Records. 12.A document entitled "Hold Harmless Agreement Drainage", recorded May 27, 2004 as Instr. # 2004-0494021, of Official Records. 13.A document entitled "Hold Harmless Agreement Geological Failure", recorded May 27, 2004 as Instr. # 2004-0494124 of Official Records. 14.An easement for the purpose shown below and rights incidental thereto as set forth in a document to the City of Vista, for the purpose of sewer lines and appurtenances, recorded December 9, 2004, as Instr. # 2004-1160412 of Official Records. Said matter affects a portion of said land as more particularly described in said document. Said matter affects:Lots 13, 14 and 15. File No.: 01180-211098 Page 5 of 10 Prelim Report SCE 15.An easement for the purpose shown below and rights incidental thereto as set forth in a document to the City of Vista, for the purpose of sewer access easement, recorded December 9, 2004, as Instr. # 2004-1160413, of Official Records. Said matter affects a portion of said land as more particularly described in said document. Said matter affects:Lot 15. 16.An easement affecting the portion of said land and for the purposes stated herein and incidental purposes, shown or dedicated by Map No.: 15013, for: storm drain purposes, affects: Lots 13,14 and 15 as shown on said Map. 17.An easement affecting the portion of said land and for the purposes stated herein and incidental purposes, shown or dedicated by Map No.: 15013, for: Sight distance Corridor, affects: Lots 13, 14 and 15 as shown on said Map. 18.Provisions of the dedication statement on the map of the tract shown below which relinquish certain rights of ingress and egress to the public street herein named, upon the terms therein, except for the general public right to travel the same Map No.:15013 Street Affected:Linoshead Avenue except at Access Openings Said matter affects:Lots..13,14 and 15. 19.A document entitled "Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of Ct 98-10", recorded May 3,2005 as Instr. # 2005-0371021, of Official Records. Amendment No.1 to Waiver and Consent to Creation of the Community Facilities District (CT 98-10), recorded November 4, 2005 as Instr. # 2005-0964620, of Official Records 20.An easement for the purpose shown below and rights incidental thereto as set forth in a document to the San Diego Gas and Electric Company, for the purpose of access and utilities, recorded August 29, 2005, as Instr. # 2005-0741198, of Official Records. Said matter affects a portion of said land as more particularly described in said document. Said matter affects:Lot 15. 21.A proposed assessment for the District shown below.Wien Notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land, District: Community Facilities District No.3, City of Carlsbad, disclosed by Instrument, recorded October 14, 2005 as Instr. # 2005-0891964, of Official Records. A proposed assessment for the District shown below.When Notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land, District: Amendment to Boundary Map Community Facilities District No.3, City of Carlsbad, disclosed by Instrument, recorded October 18, 2005 as lnstr. # 2005-0899437, of Official Records. Notice of Special Tax Lien, recorded November 17, 2005 as Instr. # 2005-998003, of Official Records 22.Covenants, conditions, and restrictions as set forth in instrument recorded October 24, 2005 as Instr. # 2005-0917104, Official Records, but omitted any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the Covenant, condition or restriction; (a) is exempt under title 42 of the united states code; or (b) relates to handicap, but does not discriminate against handicapped persons. File No.: 01180-211098 Page 6 of 10 Prelim Report SCE Note: section 12956.1 of the government code provides the following: if this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.1 of the government code. Lawful restrictions under state and federal law on the age of occupants in senior housing or for older persons shall not be construed as restrictions based on familial status. Said Covenants, Conditions, and Restrictions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Among other things, said document provides for slope and drainage, landscaping and utility easements. Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded September 12, 2006 as Instr. # 2006-0647230, of Official Records. Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded September 10, 2007 as Instr. # 2007-0594291, of Official Records. Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded April 2, 2009 as Instr. # 2009-0165748, of Official Records. 23.An easement for the purpose shown below and rights incidental thereto as set forth in a document to CoxCom, Inc., d/b/a Cox Communications, for the purpose of telecommunications distribution facilities, recorded April 20, 2006, as Instr.# 2006-0275939, of Official Records. Location of said easement cannot be plotted from record. Said matter affects:Lots 13,14 and 15. 24.A document entitled "Community Facilities District No. 3 Disclosure Agreement", recorded May 21, 2007 as Instr. # 2007-0342218, of Official Records. 25.Certificate of Compliance For Adjustment Plat (Section 66412(d) of the Government Code), recorded August 27, 2007 as Instr. # 2007-0568170, of Official Records 26.Covenants, conditions, and restrictions as set forth in instrument recorded October 1,2007 as Instr. # 2007-0636664, Official Records, but omitted any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the Covenant, condition or restriction; (a) is exempt under title 42 of the united states code; or (b) relates to handicap, but does not discriminate against handicapped persons. Note: section 12956.1 of the government code provides the following: if this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.1 of the government code. Lawful restrictions under state and federal law on the age of occupants in senior housing or for older persons shall not be construed as restrictions based on familial status. 27.An easement for public waterline purposes and rights incidental thereto in favor of Carlsbad Municipal Water District, a Public Agency as set forth in a document recorded August 18, 2004 as Instr. # 2004-0785746, of Official Records, affects a portion of the herein described land. 28.Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation, please contact your title officer immediately for further review. File No.: 01180-211098 Page 7 of 10 Prelim Report SCE *taw.Noir; 29.Note:Please inform Stewart Title of what type of title insurance coverage is being requested, so that we may provide you with any additional requirements or exceptions that we may have or that apply. 30.This Company will require the following documents in order to insure a conveyance or encumbrance by the limited liability company named below: Limited liability company:Fenton Raceway, LLC a.A certified copy of the articles of organization (LLC-1), and any amendment (LLC-2) or restatement (LLC-10) to be recorded in the appropriate county. b.A copy of the operating agreement and any amendment. c.Evidence that the limited liability company remains in good standing with active status. d.Other requirements that the Company may set forth following its review of said documents. 31.Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by inquiry of the parties in possession thereof. 32.Rights of tenants in possession of said land by reason of unrecorded leases.Kindly forward said lease, or a current certified tenant rent roll. 33.Rights of parties in possession. Type/Rev:PVA (End of Exceptions) File No.: 01180-211098 Page 8 of 10 Prelim Report SCE .004%.AMIN SO1100'Salad NOTES AND REQUIREMENTS For transactions where Stewart Title of California,Inc.is not the settlement/closing agent,a signed and dated copy of the attached "Acknowledgment of Receipt,Understanding and Approval of Affiliated Business Arrangement Disclosure Statement and STG Privacy Notice for Stewart Title Companies", will be required prior to recording. A.There are no conveyances affecting said land, recorded with the County Recorder within 24 months of the date of this report. B.The ALTA Loan Policy to be issued after completion of improvements will include CLTA Endorsement Form 100, provided there then exists no violation of covenants, conditions or restrictions, and no encroachments of improvements onto easements or otherwise, but only insofar as such endorsement relates to matters shown in this report. File No.: 01180-211098 Page 9 of 10 Prelim Report SCE 4.0 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies.The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement.Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt.Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit.If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer.All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title of California,Inc..Stewart Title of California,Inc.may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution,and Stewart Title of California,Inc.shall have no obligation to account to the depositing party in any manner for the value of,or to pay to such party, any benefit received by Stewart Title of California,Inc..Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment,you are authorized to notify all principals and/or their respective agents of such nonpayment. File No.: 01180-211098 Page 10 of 10 Prelim Report SCE ... ts' EXHIBIT "A" LEGAL DESCRIPTION Order No.:01180-211098 Escrow No.:01180-211098 The land referred to herein is situated in the State of California, County of San Diego,City of Carlsbad and described as follows: Lots 12, 13, 14, and 15 of Carlsbad Raceway Carlsbad Tract No. 98-10, in the City of Carlsbad, County of San Diego, State of California, according to Final Subdivision Map No. 15013, filed in the Office of the County Recorder of San Diego County, California, on May 3, 2005. APN:221 -881 -06-00 and 221 -881 -16-00 (End of Legal Description) AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date:March 21, 2016 Escrow No.:01180-211098 Property:APN: 221 -881 -06 & 221 -881 -16, Carlsbad, CA From:Stewart Title of California, Inc. This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") has a business relationship with Stewart Solutions,LLC,DBA —Stewart Specialty Insurance Services,LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100%of Stewart Insurance and Stewart Title of California.Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed.You are NOT required to use the listed provider(s) as a condition for purchase,sale,or refinance of the subject Property.THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE 1NITH SIMILAR SERVICES.YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Charge or range of charges Hazard Insurance $400.00 to $6,500.00 Home Warranty $255.00 to $780.00 Natural Hazard Disclosure Report $42.50 to $149.50 Escrow No.: 01180-211098 Page 1 of 1 ABA Disclosure 2007 BP SCE elk` FOR TRANSACTIONS WHERE STEWART TITLE OF CALIFORNIA IS NOT CLOSING ESCROW STCA Order Number:01180-211098 Subject Property Address:APN: 221 -881-06 & 221 -881-16, Carlsbad, CA Subject Property APN:221 -881-06-00 and 221 -881-16-00 ACKNOWLEDGMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF "AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT" AND "STG PRIVACY NOTICE FOR STEWART TITLE COMPANIES" The undersigned hereby acknowledge that I/we have received,read,understand and approve Stewart Title of California,Inc.'s "Affiliated Business Arrangement Disclosure Statement" and "STG Privacy Notice for Stewart Title Companies", provided to me/us in connection with the above captioned matter. Read and signed on the 29th day of April, 2016 Fenton Raceway LC Buyer Buyer CLTA Preliminary Report Form Exhibit A (Revised 06-03-11) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a) Any law,ordinance or governmental regulation (including but not limited to building or zoning laws,ordinances,or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts,rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a)Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11)Page 1 of 4 File Number:01180-211098 ._ APIN, CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2.The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16,18,19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1% of Policy Amount or $2,500.00 $10,000.00 (whichever is less) Covered Risk 18:1% of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 19:1% of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 21:1% of Policy Amount or $2,500.00 $5,000.00 (whichever is less) (Rev. 06-03-11)Page 2 of 4 File Number:01180-211098 00*.t.ANN coo 4•1100 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11)Page 3 of 4 File Number:01180-211098 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5.(a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11)Page 4 of 4 File Number:01180-211098 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing.Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us.This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts.In the section below,we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing Yes No transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to Yes No you. Forjoint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't shareabout your creditworthiness. For our affiliates to market to you — For your convenience,Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction,your marketing even though such mechanism is not legally required.Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you.Non-affiliates are companies No We don't sharenot related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law.If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate.[We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices?transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information?use security measures that comply with federal law.These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information?•request insurance-related services•provide such information to us We also collect your personal information from others,such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances,we do not share your personal information in those instances. Contact us:If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01180-211098 Page 1 Revised 11-19-2013 Order No. 01180-211098 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") is pleased to inform you that upon proper qualification,there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to and include: Property located within an area proclaimed a state or federal disaster area; Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; Property being refinanced. Please talk with your escrow or title officer to determine your qualification for any of these discounts. Order Number:01180-211098 Available Discounts Disclosure Statement SCE .1.4014 .abra.s.1.1.1k•••••1 0"41/4 N00/; City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11011111101111111111 Applicant:SMITH CONSULTING ARCHITECTS Description Amount SDP16018 4,550.00 Receipt Number:R0118964 Transaction ID:R0118964 Transaction Date:07/22/2016 Pay Type Method Description Amount Payment Check 4,550.00 Transaction Amount:4,550.00